GIRDHARI LAL SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 29.01.2014 passed by Fourth Additional Sessions Judge, Raipur in Session Trial No.238/13 whereby and whereunder the trial Judge after holding the appellant guilty for attempting to take life of complainant Bihari Lal Sahu (PW-1), convicted him under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo simple imprisonment for three months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, thereby committed illegality.

(3.) As per the case of the prosecution, on 17.8.2013 when complainant Biharilal Sahu was watching film in the mobile phone, the appellant came there, picked up hammer which was kept in the welding shop of the complainant, assaulted the complainant on his head and chest on account of earlier dispute. The incident was witnessed by many people. Son of the injured complainant was also witnessed the incident. He immediately took the injured to Mission Hospital for treatment and thereafter reached to Police Station Nevra. The Police lodged First Information Report (Ex-P/3) by registering Crime No.226/13 under Section 307 of the IPC against the appellant and started investigation. The injured was sent for treatment and examination. Dr. Satyajeet Jeevanmal (PW-8) noticed one lacerated wound of 6 x 0.5 x 1 cm over the scalp caused by blunt object, appreciated the injury as simple and after X-ray of chest and scalp no any fracture was noticed. The doctor gave his report (Ex-P/9). The appellant was arrested. During investigation, blood stained plaster pieces and plain pieces of plasters were seized from the spot vide ExP/8.